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| U.S. convict released in deal with Iran: I was a political prisoner, too | U.S. convict released in deal with Iran: I was a political prisoner, too |
| (about 4 hours later) | |
| Last week, Nader Modanlo was contemplating whether he might have to endure another five years in prison. This week, he’s been shopping for clothes, getting a driver’s license and talking for hours on the phone with his sister in Iran. | Last week, Nader Modanlo was contemplating whether he might have to endure another five years in prison. This week, he’s been shopping for clothes, getting a driver’s license and talking for hours on the phone with his sister in Iran. |
| The 55-year-old businessman from Bethesda — one of seven people who received pardons or sentence commutations as part of a deal with Iran to free four American prisoners — said in an interview this week that he is “ecstatic” to be reunited with his family. But Modanlo said he still feels he was unfairly imprisoned — not unlike Washington Post reporter Jason Rezaian, who was freed in part for Modanlo’s release — and he nearly rejected the Justice Department’s offer because it forced him to abandon his bid to appeal his conviction. | The 55-year-old businessman from Bethesda — one of seven people who received pardons or sentence commutations as part of a deal with Iran to free four American prisoners — said in an interview this week that he is “ecstatic” to be reunited with his family. But Modanlo said he still feels he was unfairly imprisoned — not unlike Washington Post reporter Jason Rezaian, who was freed in part for Modanlo’s release — and he nearly rejected the Justice Department’s offer because it forced him to abandon his bid to appeal his conviction. |
| “If I’m not considered a political prisoner,” he said, “what is it?” | “If I’m not considered a political prisoner,” he said, “what is it?” |
| [What we know about the seven Iranians offered clemency] | [What we know about the seven Iranians offered clemency] |
| Modanlo, a former NASA scientist who came to the United States in 1979 to study at George Washington University, said he was, at one time, living the American dream. He was married, raised two kids and said he ran a company worth hundreds of millions of dollars. But in the early 2000s, according to federal prosecutors, the Montgomery County businessman brokered a deal between Iran and Russia to help Iran successfully launch a satellite. He was convicted of running afoul of U.S. sanctions on Iran and sentenced to eight years in prison. | Modanlo, a former NASA scientist who came to the United States in 1979 to study at George Washington University, said he was, at one time, living the American dream. He was married, raised two kids and said he ran a company worth hundreds of millions of dollars. But in the early 2000s, according to federal prosecutors, the Montgomery County businessman brokered a deal between Iran and Russia to help Iran successfully launch a satellite. He was convicted of running afoul of U.S. sanctions on Iran and sentenced to eight years in prison. |
| In many ways, Modanlo is emblematic of all those freed in the deal with Iran. He is a man who was found to have broke trade laws and faced serious consequences from the U.S. justice system. Despite that, he — like at least five of the others receiving pardons or sentence commutations — intends to stay in the United States, where he’ll be with his wife, 24-year-old son and 21-year-old daughter. | |
| “There are a few rotten apples here, no question, but the good prevails,” he said. | “There are a few rotten apples here, no question, but the good prevails,” he said. |
| [Nader Modanlo is convicted of helping Iran on a satellite project] | [Nader Modanlo is convicted of helping Iran on a satellite project] |
| After a lengthy investigation, Modanlo was charged in the case in 2010 and found guilty at a trial in 2013. He said he had served about two years of his sentence and expected another year would be knocked off because of good behavior. | |
| In a statement, Maryland U.S. Attorney Rod J. Rosenstein said: “Anyone who compares Nader Modanlo to a political prisoner is trying to pull the wool over your eyes.” | |
| “All of the evidence used against Mr. Modanlo was publicly disclosed in an open courtroom during a six week jury trial attended by reporters and spectators. He was found guilty by a jury of 12 citizens, not a prosecutor, and the evidence remains available to the public,” Rosenstein said, noting the case first came to prosecutors’ attention after they received information that Modanlo had deceived creditors in a bankruptcy case. “The public evidence proved that Mr. Modanlo secretly brokered a deal with Iran to launch a satellite for $10 million when he knew that it was illegal, and that he defrauded creditors when he knowingly made false statements in a federal bankruptcy court.” | |
| Modanlo, who maintains he did nothing wrong, was appealing his case when his sentence was commuted, alleging that prosecutors had secret correspondence with the judge and skirted rules about turning over materials to his defense attorneys. While the appeals court had yet to decide the matter, some judges were critical of the prosecutors’ handling of some aspects of the case. In an October 2015 hearing, Fourth Circuit Court of Appeals Judge Robert B. King said flatly that prosecutors “did not” act correctly in not keeping defense attorneys informed of contacts with the judge and mused aloud, “I hope the Justice Department is not doing this thing pervasively around the country or that you’re all not doing it this way generally in the district of Maryland.” | |
| Prosecutors contended that even if they should have disclosed more of their activities and materials to defense attorneys, the errors did not affect the outcome of Modanlo’s public trial. | Prosecutors contended that even if they should have disclosed more of their activities and materials to defense attorneys, the errors did not affect the outcome of Modanlo’s public trial. |
| Modanlo said he dropped his appeal in order to be released — meaning the appeals court won’t now issue an opinion. Modanlo said his first reaction was to “reject the deal,” though he changed his mind after emotional conversations with his wife and sister. “I would have taken a chance,” he said, “but the impact that it would have put on my wife and my sister and my kids, I couldn’t deal with that anymore.” | Modanlo said he dropped his appeal in order to be released — meaning the appeals court won’t now issue an opinion. Modanlo said his first reaction was to “reject the deal,” though he changed his mind after emotional conversations with his wife and sister. “I would have taken a chance,” he said, “but the impact that it would have put on my wife and my sister and my kids, I couldn’t deal with that anymore.” |
| He said prosecutors’ conduct was “as egregious as it could possibly be” and compared his case to that of Rezaian, who was apparently convicted in completely secret proceedings. | He said prosecutors’ conduct was “as egregious as it could possibly be” and compared his case to that of Rezaian, who was apparently convicted in completely secret proceedings. |
| “His trial was closed to the public. It was only him and his attorney and who knows what else was going on,” Modanlo said. “And here we have a prosecutor and a judge who’s faking a public trial.” | “His trial was closed to the public. It was only him and his attorney and who knows what else was going on,” Modanlo said. “And here we have a prosecutor and a judge who’s faking a public trial.” |
| Marc Raimondi, a Justice Department spokesman, noted that Modanlo accepted the offer for a sentence commutation. | |
| “It was presented to his attorney, his attorney presented it to him, it was accepted, and he was released,” Raimondi said. “It was completely voluntary, and I think it speaks for itself.” | “It was presented to his attorney, his attorney presented it to him, it was accepted, and he was released,” Raimondi said. “It was completely voluntary, and I think it speaks for itself.” |
| Modanlo said his satellite company is long defunct, and he is unsure, now, what he will do for work. He said in recent days, he had dinner at Redwood Restaurant and Bar and, having shed 45 pounds in prison, shopped for clothes that would fit him. | Modanlo said his satellite company is long defunct, and he is unsure, now, what he will do for work. He said in recent days, he had dinner at Redwood Restaurant and Bar and, having shed 45 pounds in prison, shopped for clothes that would fit him. |
| Attorneys representing others who received clemency last week reported similar experiences for their clients. David Berger, the attorney for Khosrow Afghahi, said his client was “having his first good night of sleep and hot cup of coffee in nine months” after his pardon, and he planned to spend time with family in the United States. | Attorneys representing others who received clemency last week reported similar experiences for their clients. David Berger, the attorney for Khosrow Afghahi, said his client was “having his first good night of sleep and hot cup of coffee in nine months” after his pardon, and he planned to spend time with family in the United States. |
| Joel Androphy, the attorney for Bahram Mechanic, said his client intended to go back to work for his Houston-based company, Smart Power Systems, after his pardon, and he believed Tooraj Faridi, who was also pardoned, also intended to stay in the United States. | Joel Androphy, the attorney for Bahram Mechanic, said his client intended to go back to work for his Houston-based company, Smart Power Systems, after his pardon, and he believed Tooraj Faridi, who was also pardoned, also intended to stay in the United States. |
| Ellis M. Johnston III, the attorney for Arash Ghahreman, said his client was “contemplating a 180 degree change of circumstance” now that his sentence was commuted, and the future was far from certain. But he said Ghahreman, a U.S. citizen, had recently obtained a master’s degree from SUNY Maritime College, had worked as a project manager in shipyards and hoped to be able to find job opportunities in this country. | Ellis M. Johnston III, the attorney for Arash Ghahreman, said his client was “contemplating a 180 degree change of circumstance” now that his sentence was commuted, and the future was far from certain. But he said Ghahreman, a U.S. citizen, had recently obtained a master’s degree from SUNY Maritime College, had worked as a project manager in shipyards and hoped to be able to find job opportunities in this country. |
| Liz Oyer, the attorney for Ali Saboonchi, said her client would likely work to complete a Ph.D program at Morgan State University, where he was studying to be an electrical engineer when he was arrested. Oyer said Saboonchi’s case “really illustrated that the sanctions are really widely misunderstood by Iranian americans living in the U.S., and they pose really significant challenges for people carrying out their daily lives.” Saboonchi had his sentence commuted. | Liz Oyer, the attorney for Ali Saboonchi, said her client would likely work to complete a Ph.D program at Morgan State University, where he was studying to be an electrical engineer when he was arrested. Oyer said Saboonchi’s case “really illustrated that the sanctions are really widely misunderstood by Iranian americans living in the U.S., and they pose really significant challenges for people carrying out their daily lives.” Saboonchi had his sentence commuted. |
| Attorneys for Nima Golestaneh, who was convicted in a hacking case and who was pardoned, could not immediately be reached for comment. | Attorneys for Nima Golestaneh, who was convicted in a hacking case and who was pardoned, could not immediately be reached for comment. |
| Modanlo said while he was disappointed he had to give up his appeal, he was “grateful” to anyone who pushed for his release, including Iranian officials. He said, though, he could not help but worry about the future — even if he could not articulate why. | Modanlo said while he was disappointed he had to give up his appeal, he was “grateful” to anyone who pushed for his release, including Iranian officials. He said, though, he could not help but worry about the future — even if he could not articulate why. |
| “My feeling,” he said of his ordeal, “is it might not be through.” | “My feeling,” he said of his ordeal, “is it might not be through.” |